Malware Infection Gets Convicted Murderer New Trial

Randy Chaviano got a retrial after a virus deleted transcripts from the court stenographer's computer.

Posted January 05, 2012

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After a virus deleted transcripts from the court stenographer's computer, a man convicted of second degree murder has been granted a retrial.

"Randy Chaviano, of Hialeah, Florida, was given a life sentence for the fatal shooting of Carlos Acosta after he was convicted by a Miami jury in July 2009," writes The Register's John Leyden. "An appeal was lodged when it was discovered that only a partial record of the trial that led to Chaviano's conviction could be found."

"In the circumstances the Third District Court of Appeal had no option but to strike the conviction and order a fresh trial," Leyden writes.